Q: Home purchase in Ohio with undisclosed issues to code compliance.
I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more research is needed. I did receive a home inspection report before purchasing, which did not mention these issues. I have not yet contacted the seller or the real estate agent regarding these findings. What are my potential options or next steps?
A:
The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will probably have limitations as to liability, but you were most likely given the limitations of liability at the time the inspection report was provided to you. The limitations of liability may not be enforceable if given to you after the inspection.
Depending on the scope of the inspection, the home inspector may be liable. If the homeowner was aware of the code violations, then the homeowner could be liable. However, the purchase contract may have an inspection contingency. This would require you to request modifications to the contract or repairs to be made within a certain time after the inspection.
Your purchase agreement and the inspection contract and report would need to be reviewed to set forth a course of action.
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A: Your biggest issue is Ohio's four year statute of limitations on fraud claims that accrues when you discover or should have discovered the undisclosed defects. If you found any of these defects in 2020 then you are passed the statute of limitations and have no claim.
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